Dismissed

Ajit Balua v. State of Odisha

Orissa HC9 Nov 2021BLAPL/8138/2019

Case brief

AI extract

What is this about?

A single judge of the High Court of Orissa dismissed a bail application under Section 439 Cr.P.C. in a case involving rape of a minor. Rejecting the reliance on the victim's alleged consent, the court declined bail pending trial but instructed the trial court to complete proceedings expeditiously.

What did the court decide?

No bail granted. Liberty granted to renew bail prayer before the trial Court after examination of the victim.

Ajit Balua Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 8138 of 2019

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Ajit Balua

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-versus-

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State of Odisha

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…. Opp. Party Mr. Sibani Shankar Pradhan, A.G.A

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CORAM: JUSTICE SAVITRI RATHO

Order No.

ORDER

09.11.2021

The matter is taken up through hybrid mode.

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Heard Mr. S.K. Samal, learned counsel for the petitioner and Mr. Sibani Shankar Pradhan, learned Addl. Govt. Advocate for the State.

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This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner- Ajit Balua in connection with Burla P.S. Case No.04 of 2019 corresponding to Special G.R. Case No.02 of 2019 pending in the Court of learned Special Judge -cum- 2^nd Addl. Sessions Judge, Sambalpur for commission of offence punishable under Section 376(2)(n)(3) of I.P.C. read with Section 6 of POCSO Act.

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The petitioner had moved an application for bail in the Court of learned 2^nd Addl. Sessions Judge -cum- Judge (Children’s Court), Sambalpur which was rejected on 19.06.2019.

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Mr. Samal, learned counsel for the petitioner submits that the petitioner is in custody since 02.01.2019 and the medical examination report does not indicate any sign of recent sexual inter-

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course. He further submits that the victim kept sexual relationship voluntarily and wanted to marry him. He also submits that the petitioner has been granted interim bail and he has surrendered in the Court below after expiry of the interim bail period and has not misused the liberty granted to him.

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Mr. Sibani Shankar Pradhan, learned Addl. Govt. Advocate for the State opposes the prayer for bail stating that the victim is a minor for which her consent is inconsequential.

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Considering the allegations against the petitioner and the age of the victim girl and the punishment prescribed for the offences, I am not inclined to release the petitioner on bail.

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As the petitioner is in custody since 02.01.2019, I request the learned trial Court to complete the trial expeditiously and liberty is granted to the petitioner to renew his prayer for bail before the trial Court after the examination of the victim girl.

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The BLAPL stands dismissed with the aforesaid observation.

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Urgent certified copy of this order be granted on proper application.

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( Savitri Ratho)

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Judge

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Sukanta

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Ajit Balua v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ajit Balua v. State of Odisha

Case brief

What is this about?

What did the court decide?

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